REPORT TITLE:
Probation; Parole


DESCRIPTION:
Authorizes state participation in the Interstate Compact for the
Supervision of Adult Offenders. (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2152
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT
   OFFENDERS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5     INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
 
 6      � -1 Terms and provisions of compact.  The interstate
 
 7 compact for the supervision of adult offenders is hereby entered
 
 8 into and enacted into law with all jurisdictions legally joining
 
 9 therein, in form substantially as follows:
 
10                             ARTICLE I
 
11                              PURPOSE
 
12      The compacting states to this interstate compact recognize
 
13 that each state is responsible for the supervision of adult
 
14 offenders in the community who are authorized pursuant to the
 
15 bylaws and rules of this compact to travel across state lines
 
16 both to and from each compacting state in such a manner as to
 
17 track the location of offenders, transfer supervision authority
 
18 in an orderly and efficient manner, and when necessary return
 
19 offenders to the originating jurisdictions.  The compacting 
 

 
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 1 states also recognize that Congress, by enacting the Crime
 
 2 Control Act, 4 U.S.C. Section 112 (1965), has authorized and
 
 3 encouraged compacts for cooperative efforts and mutual assistance
 
 4 in the prevention of crime.  It is the purpose of this compact
 
 5 and the interstate commission created hereunder, through means of
 
 6 joint and cooperative action among the compacting states, to:
 
 7 provide the framework for the promotion of public safety and
 
 8 protect the rights of victims through the control and regulation
 
 9 of the interstate movement of offenders in the community; provide
 
10 for the effective tracking, supervision, and rehabilitation of
 
11 these offenders by the sending and receiving states; and to
 
12 equitably distribute the costs, benefits and obligations of the
 
13 compact among the compacting states.  In addition, this compact
 
14 will create an interstate commission which will establish uniform
 
15 procedures to manage the movement between states of adults placed
 
16 under community supervision and released to the community under
 
17 the jurisdiction of courts, paroling authorities, corrections or
 
18 other criminal justice agencies which will promulgate rules to
 
19 achieve the purpose of this compact; ensure an opportunity for
 
20 input and timely notice to victims and to jurisdictions where
 
21 defined offenders are authorized to travel or to relocate across
 
22 state lines; establish a system of uniform data collection,
 
23 access to information on active cases by authorized criminal
 

 
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 1 justice officials, and regular reporting of compact activities to
 
 2 heads of state councils, state executive, judicial, and
 
 3 legislative branches and criminal justice administrators; monitor
 
 4 compliance with rules governing interstate movement of offenders
 
 5 and initiate interventions to address and correct non-compliance;
 
 6 and coordinate training and education regarding regulations of
 
 7 interstate movement of offenders for officials involved in such
 
 8 activity.  The compacting states recognize that there is no
 
 9 "right" of any offender to live in another state and that duly
 
10 accredited officers of a sending state may at all times enter a
 
11 receiving state and there apprehend and retake any offender under
 
12 supervision subject to the provisions of this compact and bylaws
 
13 and rules promulgated hereunder.  It is the policy of the
 
14 compacting states that the activities conducted by the interstate
 
15 commission created herein are the formation of public policies
 
16 and are therefore public business.
 
17                            ARTICLE II
 
18                            DEFINITIONS
 
19      As used in this compact, unless the context clearly requires
 
20 a different construction:
 
21      "Adult" means both individuals legally classified as adults
 
22 and juveniles treated as adults by court order, statute, or
 
23 operation of law.
 

 
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 1      "By-laws" means those by-laws established by the interstate
 
 2 commission for its governance, or for directing or controlling
 
 3 the interstate commission's actions or conduct.
 
 4      "Compact administrator" means the individual in each
 
 5 compacting state appointed pursuant to the terms of this compact
 
 6 responsible for the administration and management of the state's
 
 7 supervision and transfer of offenders subject to the terms of
 
 8 this compact, the rules adopted by the interstate commission and
 
 9 policies adopted by the state council under this compact.
 
10      "Compacting state" means any state which has enacted the
 
11 enabling legislation for this compact.
 
12      "Commissioner" means the voting representative of each
 
13 compacting state appointed pursuant to Article III of this
 
14 compact.
 
15      "Interstate commission" means the interstate commission for
 
16 adult offender supervision established by this compact.
 
17      "Member" means the commissioner of a compacting state or
 
18 designee, who shall be a person officially connected with the
 
19 commissioner.
 
20      "Non-compacting state" means any state which has not enacted
 
21 the enabling legislation for this compact.
 
22      "Offender" means an adult placed under, or subject to,
 
23 supervision as the result of the commission of a criminal offense
 

 
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 1 and released to the community under the jurisdiction of courts,
 
 2 paroling authorities, corrections, or other criminal justice
 
 3 agencies.
 
 4      "Person" means any individual, corporation, business
 
 5 enterprise, or other legal entity, either public or private.
 
 6      "Rules" means acts of the interstate commission, duly
 
 7 promulgated pursuant to Article VIII of this compact,
 
 8 substantially affecting interested parties in addition to the
 
 9 interstate commission, which shall have the force and effect of
 
10 law in the compacting states.
 
11      "State" means a state of the United States, the District of
 
12 Columbia and any other territorial possessions of the United
 
13 States.
 
14      "State council" means the resident members of the state
 
15 council for interstate adult offender supervision created by each
 
16 state under Article III of this compact.
 
17                            ARTICLE III
 
18                      THE COMPACT COMMISSION
 
19      (a)  The compacting states hereby create the "interstate
 
20 commission for adult offender supervision."  The interstate
 
21 commission shall be a body corporate and joint agency of the
 
22 compacting states.  The interstate commission shall have all the
 
23 responsibilities, powers and duties set forth herein, including
 

 
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 1 the power to sue and be sued, and such additional powers as may
 
 2 be conferred upon it by subsequent action of the respective
 
 3 legislatures of the compacting states in accordance with the
 
 4 terms of this compact.
 
 5      (b)  The interstate commission shall consist of
 
 6 commissioners selected and appointed by resident members of a
 
 7 state council for interstate adult offender supervision for each
 
 8 state.  In addition to the commissioners who are the voting
 
 9 representatives of each state, the interstate commission shall
 
10 include individuals who are not commissioners but who are members
 
11 of interested organizations.  The non-commissioner members must
 
12 include a member of the national organizations of governors,
 
13 legislators, state chief justices, attorneys general and crime
 
14 victims.  All non-commissioner members of the interstate
 
15 commission shall be ex-officio (nonvoting) members.  The
 
16 interstate commission may provide in its by-laws for such
 
17 additional, ex-officio, non-voting members, as it deems
 
18 necessary.
 
19      (c)  Each compacting state represented at any meeting of the
 
20 interstate commission is entitled to one vote.  A majority of the
 
21 compacting states shall constitute a quorum for the transaction
 
22 of business, unless a larger quorum is required by the by-laws of
 
23 the interstate commission.  The interstate commission shall meet
 

 
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 1 at least once each calendar year.  The chairperson may call
 
 2 additional meetings and, upon the request of twenty-seven or more
 
 3 compacting states, shall call additional meetings.  Public notice
 
 4 shall be given of all meetings and meetings shall be open to the
 
 5 public.
 
 6      (d)  The interstate commission shall establish an executive
 
 7 committee, which shall include commission officers, members and
 
 8 others as shall be determined by the by-laws.  The executive
 
 9 committee shall have the power to act on behalf of the interstate
 
10 commission during periods when the interstate commission is not
 
11 in session, with the exception of rulemaking or amendment to the
 
12 compact.  The executive committee oversees the day-to-day
 
13 activities managed by the executive director and interstate
 
14 commission staff, administers enforcement and compliance with the
 
15 provisions of the compact, its by-laws and as directed by the
 
16 interstate commission, and performs other duties as directed by
 
17 commission or set forth in the by-laws.
 
18                            ARTICLE IV
 
19                         THE STATE COUNCIL
 
20      Each member state shall create a state council for
 
21 interstate adult offender supervision which shall be responsible
 
22 for the appointment of the commissioner who shall serve on the
 
23 interstate commission from that state.  Each state council shall
 

 
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 1 appoint as its commissioner the compact administrator from that
 
 2 state to serve on the interstate commission in this capacity
 
 3 pursuant to applicable law of the member state.  While each
 
 4 member state may determine the membership of its own state
 
 5 council, its membership shall include at least one representative
 
 6 from the legislative, judicial, and executive branches of
 
 7 government, victims groups and compact administrators.  Each
 
 8 compacting state retains the right to determine the
 
 9 qualifications of the compact administrator who shall be
 
10 appointed by the state council or by the governor in consultation
 
11 with the legislature and the judiciary.  In addition to
 
12 appointment of its commissioner to the national interstate
 
13 commission, each state council shall exercise oversight and
 
14 advocacy concerning its participation in interstate commission
 
15 activities and other duties as may be determined by each member
 
16 state including but not limited to, development of policy
 
17 concerning operations and procedures of the compact within that
 
18 state.
 
19                             ARTICLE V
 
20          POWERS AND DUTIES OF THE INTERSTATE COMMISSION
 
21      The interstate commission shall have the following powers:
 
22      (1)  To adopt a seal and suitable by-laws governing the
 
23           management and operation of the interstate commission;
 

 
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 1      (2)  To adopt rules which shall be binding in the compacting
 
 2           states to the extent and in the manner provided in this
 
 3           compact;
 
 4      (3)  To oversee, supervise and coordinate the interstate
 
 5           movement of offenders subject to the terms of this
 
 6           compact and any by-laws and rules adopted by the
 
 7           compact commission;
 
 8      (4)  To enforce compliance with compact provisions,
 
 9           interstate commission rules, and by-laws, using all
 
10           necessary and proper means, including but not limited
 
11           to, the use of judicial process;
 
12      (5)  To establish and maintain offices;
 
13      (6)  To purchase and maintain insurance and bonds;
 
14      (7)  To borrow, accept, or contract for services of
 
15           personnel, including, but not limited to, members and
 
16           their staffs;
 
17      (8)  To establish and appoint committees and hire staff
 
18           which it deems necessary for the carrying out of its
 
19           functions including, but not limited to, an executive
 
20           committee as required by Article III which shall have
 
21           the power to act on behalf of the interstate commission
 
22           in carrying out its powers and duties hereunder;
 
23      (9)  To elect or appoint such officers, attorneys,
 

 
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 1           employees, agents, or consultants, and to fix their
 
 2           compensation, define their duties and determine their
 
 3           qualifications; and to establish the interstate
 
 4           commission's personnel policies and programs relating
 
 5           to, among other things, conflicts of interest, rates of
 
 6           compensation, and qualifications of personnel;
 
 7     (10)  To accept any and all donations and grants of money,
 
 8           equipment, supplies, materials, and services, and to
 
 9           receive, utilize, and dispose of same;
 
10     (11)  To lease, purchase, accept contributions or donations
 
11           of, or otherwise to own, hold, improve or use any
 
12           property, real, personal, or mixed;
 
13     (12)  To sell, convey, mortgage, pledge, lease, exchange,
 
14           abandon, or otherwise dispose of any property, real,
 
15           personal or mixed;
 
16     (13)  To establish a budget and make expenditures and levy
 
17           dues as provided in Article X of this compact;
 
18     (14)  To sue and be sued;
 
19     (15)  To provide for dispute resolution among compacting
 
20           states;
 
21     (16)  To perform such functions as may be necessary or
 
22           appropriate to achieve the purposes of this compact;
 
23     (17)  To report annually to the legislatures, governors,
 

 
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 1           judiciary, and state councils of the compacting states
 
 2           concerning the activities of the interstate commission
 
 3           during the preceding year.  The reports shall also
 
 4           include any recommendations that may have been adopted
 
 5           by the interstate commission;
 
 6     (18)  To coordinate education, training and public awareness
 
 7           regarding the interstate movement of offenders for
 
 8           officials involved in such activity; and
 
 9     (19)  To establish uniform standards for the reporting,
 
10           collecting, and exchanging of data.
 
11                            ARTICLE VI
 
12      ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
 
13      Section A.  By-laws.  The interstate commission shall, by a
 
14 majority of its members, within twelve months of the first
 
15 interstate commission meeting, adopt by-laws to govern its
 
16 conduct as may be necessary or appropriate to carry out the
 
17 purposes of the compact, including, but not limited to:
 
18      (1)  Establishing the fiscal year of the interstate
 
19           commission;
 
20      (2)  Establishing an executive committee and such other
 
21           committees as may be necessary;
 
22      (3)  Providing reasonable standards and procedures:
 
23           (A)  For the establishment of committees, and
 

 
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 1           (B)  Governing any general or specific delegation of
 
 2                any authority or function of the interstate
 
 3                commission;
 
 4      (4)  Providing reasonable procedures for calling and
 
 5           conducting meetings of the interstate commission, and
 
 6           ensuring reasonable notice of each meeting;
 
 7      (5)  Establishing the titles and responsibilities of the
 
 8           officers of the interstate commission;
 
 9      (6)  Providing reasonable standards and procedures for the
 
10           establishment of the personnel policies and programs of
 
11           the interstate commission.  Notwithstanding any civil
 
12           service or other similar laws of any compacting state,
 
13           the by-laws shall exclusively govern the personnel
 
14           policies and programs of the interstate commission;
 
15      (7)  Providing a mechanism for winding up the operations of
 
16           the interstate commission and the equitable return of
 
17           any surplus funds that may exist upon the termination
 
18           of the compact after the payment and/or reserving of
 
19           all of its debts and obligations;
 
20      (8)  Providing transition rules for "start up"
 
21           administration of the compact; and
 
22      (9)  Establishing standards and procedures for compliance
 
23           and technical assistance in carrying out the compact.
 

 
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 1      Section B.  Officers and staff.  The interstate commission,
 
 2 by a majority of the members, shall elect from among its members
 
 3 a chairperson and a vice chairperson, each of whom shall have
 
 4 authorities and duties as may be specified in the by-laws.  The
 
 5 chairperson or, in the chairperson's absence or disability, the
 
 6 vice chairperson, shall preside at all meetings of the interstate
 
 7 commission.  The officers so elected shall serve without
 
 8 compensation or remuneration from the interstate commission;
 
 9 provided that, subject to the availability of budgeted funds, the
 
10 officers shall be reimbursed for any actual and necessary costs
 
11 and expenses incurred by them in the performance of their duties
 
12 and responsibilities as officers of the interstate commission.
 
13      The interstate commission, through its executive committee,
 
14 shall appoint or retain an executive director upon terms and
 
15 conditions and for compensation as the interstate commission may
 
16 deem appropriate.  The executive director shall serve as
 
17 secretary to the interstate commission, and hire and supervise
 
18 such other staff as may be authorized by the interstate
 
19 commission, but shall not be a member.
 
20      Section C.  Corporate records of the interstate commission.
 
21 The interstate commission shall maintain its corporate books and
 
22 records in accordance with the by-laws.
 
23      Section D.  Qualified immunity, defense and indemnification.
 

 
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 1 (a)  The members, officers, executive director and employees of
 
 2 the interstate commission shall be immune from suit and
 
 3 liability, either personally or in their official capacity, for
 
 4 any claim for damage to or loss of property or personal injury or
 
 5 other civil liability caused or arising out of any actual or
 
 6 alleged act, error or omission that occurred within the scope of
 
 7 interstate commission employment, duties or responsibilities;
 
 8 provided that nothing in this paragraph shall be construed to
 
 9 protect any such person from suit or liability for any damage,
 
10 loss, injury, or liability caused by the intentional or willful
 
11 and wanton misconduct of any person.  The interstate commission
 
12 shall defend the commissioner of a compacting state, the
 
13 chairperson's representatives or employees, or the interstate
 
14 commission's representatives or employees, in any civil action
 
15 seeking to impose liability arising out of any actual or alleged
 
16 act, error, or omission that occurred within the scope of
 
17 interstate commission employment, duties, or responsibilities, or
 
18 that the defendant had a reasonable basis for believing occurred
 
19 within the scope of interstate commission employment, duties or
 
20 responsibilities; provided that the actual or alleged act, error
 
21 or omission did not result from intentional wrongdoing on the
 
22 part of such person.
 
23      (b)  The interstate commission shall indemnify and hold the
 

 
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 1 commissioner of a compacting state, the appointed designee or
 
 2 employees, or the interstate commission's representatives or
 
 3 employees, harmless in the amount of any settlement or judgment
 
 4 obtained against them arising out of any actual or alleged act,
 
 5 error, or omission that occurred within the scope of interstate
 
 6 commission employment, duties, or responsibilities, or that the
 
 7 persons had a reasonable basis for believing occurred within the
 
 8 scope of interstate commission employment, duties, or
 
 9 responsibilities; provided that the actual or alleged act, error,
 
10 or omission did not result from gross negligence or intentional
 
11 wrongdoing on the part of such person.
 
12                            ARTICLE VII
 
13              ACTIVITIES OF THE INTERSTATE COMMISSION
 
14      (a)  The interstate commission shall meet and take actions
 
15 consistent with the provisions of this compact.
 
16      (b)  Except as otherwise provided in this compact and unless
 
17 a greater percentage is required by the by-laws, in order to
 
18 constitute an act of the interstate commission, the act shall
 
19 have been taken at a meeting of the interstate commission and
 
20 shall have received an affirmative vote of a majority of the
 
21 members present.
 
22      (c)  Each member of the interstate commission shall have the
 
23 right and power to cast a vote to which that compacting state is
 

 
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 1 entitled and to participate in the business and affairs of the
 
 2 interstate commission.  A member shall vote in person on behalf
 
 3 of the state and shall not delegate a vote to another member
 
 4 state.  However, a state council shall appoint another authorized
 
 5 representative, in the absence of the commissioner from that
 
 6 state, to cast a vote on behalf of the member state at a
 
 7 specified meeting.  The by-laws may provide for members'
 
 8 participation in meetings by telephone or other means of
 
 9 telecommunication or electronic communication.  Any voting
 
10 conducted by telephone, or other means of telecommunication or
 
11 electronic communication, shall be subject to the same quorum
 
12 requirements of meetings where members are present in person.
 
13      (d)  The interstate commission shall meet at least once
 
14 during each calendar year.  The chairperson of the interstate
 
15 commission may call additional meetings at any time and, upon the
 
16 request of a majority of the members, shall call additional
 
17 meetings.
 
18      (e)  The interstate commission's by-laws shall establish
 
19 conditions and procedures under which the interstate commission
 
20 shall make its information and official records available to the
 
21 public for inspection or copying.  The interstate commission may
 
22 exempt from disclosure any information or official records to the
 
23 extent they would adversely affect personal privacy rights or
 

 
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 1 proprietary interests.  In adopting rules, the interstate
 
 2 commission may make available to law enforcement agencies records
 
 3 and information otherwise exempt from disclosure, and may enter
 
 4 into agreements with law enforcement agencies to receive or
 
 5 exchange information or records subject to nondisclosure and
 
 6 confidentiality provisions.
 
 7      (f)  Public notice shall be given of all meetings, and all
 
 8 meetings shall be open to the public, except as set forth in the
 
 9 rules or as otherwise provided in the compact.  The interstate
 
10 commission shall adopt rules consistent with the principles
 
11 contained in the "government in sunshine act", 5 U.S.C. Section
 
12 552(b), as may be amended.  The interstate commission and any of
 
13 its committees may close a meeting to the public where it
 
14 determines by two-thirds vote that an open meeting would be
 
15 likely to:
 
16      (1)  Relate solely to the interstate commission's internal
 
17           personnel practices and procedures;
 
18      (2)  Disclose matters specifically exempted from disclosure
 
19           by statute;
 
20      (3)  Disclose trade secrets or commercial or financial
 
21           information which is privileged or confidential;
 
22      (4)  Involve accusing any person of a crime, or formally
 
23           censuring any person;
 

 
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 1      (5)  Disclose information of a personal nature where
 
 2           disclosure would constitute a clearly unwarranted
 
 3           invasion of personal privacy;
 
 4      (6)  Disclose investigatory records compiled for law
 
 5           enforcement purposes;
 
 6      (7)  Disclose information contained in or related to
 
 7           examination, operating or condition reports prepared
 
 8           by, or on behalf of or for the use of, the interstate
 
 9           commission with respect to a regulated entity for the
 
10           purpose of regulation or supervision of such entity;
 
11      (8)  Disclose information, the premature disclosure of which
 
12           would significantly endanger the life of a person or
 
13           the stability of a regulated entity; or
 
14      (9)  Specifically relate to the interstate commission's
 
15           issuance of a subpoena, or its participation in a civil
 
16           action or proceeding.
 
17 For every meeting closed pursuant to this provision, the
 
18 interstate commission's chief legal officer shall publicly
 
19 certify that, in the officer's opinion, the meeting may be closed
 
20 to the public, and shall reference each relevant exemption.  The
 
21 interstate commission shall keep minutes which shall fully and
 
22 clearly describe all matters discussed in any meeting and shall
 
23 provide a full and accurate summary of any actions taken, and the
 

 
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 1 reasons therefor, including a description of each of the views
 
 2 expressed on any item and the record of any roll call vote
 
 3 (reflected in the vote of each member on the question).  All
 
 4 documents considered in connection with any action shall be
 
 5 identified in such minutes.
 
 6      (g)  The interstate commission shall collect standardized
 
 7 data concerning the interstate movement of offenders as directed
 
 8 through its by-laws and rules which shall specify the data to be
 
 9 collected, the means of collection and data exchange, and
 
10 reporting requirements.
 
11                           ARTICLE VIII
 
12         RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
 
13      (a)  The interstate commission shall promulgate rules in
 
14 order to effectively and efficiently achieve the purposes of the
 
15 compact including transition rules governing administration of
 
16 the compact during the period in which it is being considered and
 
17 enacted by the states.
 
18      (b)  Rulemaking shall occur pursuant to the criteria set
 
19 forth in this article and the by-laws and rules adopted pursuant
 
20 thereto.  Such rulemaking shall substantially conform to the
 
21 principles of the federal Administrative Procedure Act, 5
 
22 U.S.C.S. section 551 et seq., and the federal Advisory Committee
 
23 Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended
 

 
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 1 (hereinafter "APA").  All rules and amendments shall become
 
 2 binding as of the date specified in each rule or amendment.
 
 3      (c)  If a majority of the legislatures of the compacting
 
 4 states rejects a rule, by enactment of a statute or resolution in
 
 5 the same manner used to adopt the compact, then the rule shall
 
 6 have no further force and effect in any compacting state.
 
 7      When promulgating a rule, the interstate commission shall:
 
 8      (1)  Publish the proposed rule stating with particularity
 
 9           the text of the rule which is proposed and the reason
 
10           for the proposed rule;
 
11      (2)  Allow persons to submit written data, facts, opinions
 
12           and arguments, which information shall be publicly
 
13           available;
 
14      (3)  Provide an opportunity for an informal hearing; and
 
15      (4)  Adopt a final rule and its effective date, if
 
16           appropriate, based on the rulemaking record.
 
17      (d)  Not later than sixty days after a rule is promulgated,
 
18 any interested person may file a petition in the United States
 
19 District Court for the District of Columbia or in the federal
 
20 district court where the interstate commission's principal office
 
21 is located for judicial review of such rule.  If the court finds
 
22 that the interstate commission's action is not supported by
 
23 substantial evidence (as used in the APA), in the rulemaking
 

 
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 1 record, the court shall hold the rule unlawful and set it aside.
 
 2 Subjects to be addressed within twelve months after the first
 
 3 meeting shall at a minimum include:
 
 4      (1)  Notice to victims and opportunity to be heard;
 
 5      (2)  Offender registration and compliance;
 
 6      (3)  Violations/returns;
 
 7      (4)  Transfer procedures and forms;
 
 8      (5)  Eligibility for transfer;
 
 9      (6)  Collection of restitution and fees from offenders;
 
10      (7)  Data collection and reporting;
 
11      (8)  The level of supervision to be provided by the
 
12           receiving state;
 
13      (9)  Transition rules governing the operation of the compact
 
14           and the interstate commission during all or part of the
 
15           period between the effective date of the compact and
 
16           the date on which the last eligible state adopts the
 
17           compact; and
 
18     (10)  Mediation, arbitration and dispute resolution.
 
19      The existing rules governing the operation of the previous
 
20 compact superseded by this Act shall be void twelve months after
 
21 the first meeting of the interstate commission created hereunder.
 
22      Upon determination by the interstate commission that an
 
23 emergency exists, it may adopt an emergency rule which shall
 

 
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 1 become effective immediately upon adoption, provided that the
 
 2 usual rulemaking procedures provided hereunder shall be
 
 3 retroactively applied to that rule as soon as reasonably
 
 4 possible, in no event later than ninety days after the effective
 
 5 date of the rule.
 
 6                            ARTICLE IX
 
 7          OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
 
 8                   BY THE INTERSTATE COMMISSION
 
 9      Section A.  Oversight.  The interstate commission shall
 
10 oversee the interstate movement of adult offenders in the
 
11 compacting states and shall monitor such activities being
 
12 administered in non-compacting states which may significantly
 
13 affect compacting states.
 
14      The courts and executive agencies in each compacting state
 
15 shall enforce this compact and shall take all actions necessary
 
16 and appropriate to effectuate the compact's purposes and intent.
 
17 In any judicial or administrative proceeding in a compacting
 
18 state pertaining to the subject matter of this compact which may
 
19 affect the powers, responsibilities, or actions of the interstate
 
20 commission, the interstate commission shall be entitled to
 
21 receive all service of process in any such proceeding, and shall
 
22 have standing to intervene in the proceeding for all purposes.
 
23      Section B.  Dispute resolution.  The compacting states shall
 

 
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 1 report to the interstate commission on issues or activities of
 
 2 concern to them, and cooperate with and support the interstate
 
 3 commission in the discharge of its duties and responsibilities.
 
 4      The interstate commission shall attempt to resolve any
 
 5 disputes or other issues which are subject to the compact and
 
 6 which may arise among compacting states and non-compacting
 
 7 states.
 
 8      The interstate commission shall enact a by-law or adopt a
 
 9 rule providing for both mediation and binding dispute resolution
 
10 for disputes among the compacting states.
 
11      Section C.  Enforcement.  The interstate commission, in the
 
12 reasonable exercise of its discretion, shall enforce the
 
13 provisions of this compact using any or all means set forth in
 
14 Article XII, Section B, of this compact.
 
15                             ARTICLE X
 
16                              FINANCE
 
17      (a)  The interstate commission shall pay or provide for the
 
18 payment of the reasonable expenses of its establishment,
 
19 organization, and ongoing activities.
 
20      (b)  The interstate commission shall levy on and collect an
 
21 annual assessment from each compacting state to cover the cost of
 
22 the internal operations and activities of the interstate
 
23 commission and its staff which shall be in a total amount
 

 
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 1 sufficient to cover the interstate commission's annual budget as
 
 2 approved each year.  The aggregate annual assessment amount shall
 
 3 be allocated based upon a formula to be determined by the
 
 4 interstate commission, taking into consideration the population
 
 5 of the state and the volume of interstate movement of offenders
 
 6 in each compacting state and shall adopt a rule binding upon all
 
 7 compacting states which governs the assessment.
 
 8      (c)  The interstate commission shall not incur any
 
 9 obligations of any kind prior to securing the funds adequate to
 
10 meet them; nor shall the interstate commission pledge the credit
 
11 of any of the compacting states, except by and with the authority
 
12 of the compacting state.
 
13      (d)  The interstate commission shall keep accurate accounts
 
14 of all receipts and disbursements.  The receipts and
 
15 disbursements of the interstate commission shall be subject to
 
16 the audit and accounting procedures established under its by-
 
17 laws.  However, all receipts and disbursements of funds handled
 
18 by the interstate commission shall be audited yearly by a
 
19 certified or licensed public accountant and the report of the
 
20 audit shall be included in and become part of the annual report
 
21 of the interstate commission.
 
22                            ARTICLE XI
 
23          COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
 

 
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 1      Any state, as defined in this compact, is eligible to become
 
 2 a compacting state.  The compact shall become effective and
 
 3 binding upon legislative enactment of the compact into law by no
 
 4 less than thirty-five of the states.  The initial effective date
 
 5 shall be the later of July 1, 2001, or upon enactment into law by
 
 6 the thirty-fifth jurisdiction.  Thereafter it shall become
 
 7 effective and binding, as to any other compacting state, upon
 
 8 enactment of the compact into law by that state.  The governors
 
 9 of non-compacting states or their designees will be invited to
 
10 participate in interstate commission activities on a non-voting
 
11 basis prior to adoption of the compact by all states and
 
12 territories of the United States.
 
13      Amendments to the compact may be proposed by the interstate
 
14 commission for enactment by the compacting states.  No amendment
 
15 shall become effective and binding upon the interstate commission
 
16 and the compacting states until it is enacted into law by
 
17 unanimous consent of the compacting states.
 
18                            ARTICLE XII
 
19    WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
 
20      Section A.  Withdrawal.(a)  Once effective, the compact
 
21 shall continue in force and remain binding upon each and every
 
22 compacting state; provided that a compacting state may withdraw
 
23 from the compact ("withdrawing state") by enacting a statute
 

 
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 1 specifically repealing the statute which enacted the compact into
 
 2 law.
 
 3      (b)  The effective date of withdrawal is the effective date
 
 4 of the repeal.
 
 5      (c)  The withdrawing state shall immediately notify the
 
 6 chairperson of the interstate commission in writing upon the
 
 7 introduction of legislation repealing this compact in the
 
 8 withdrawing state.  The interstate commission shall notify the
 
 9 other compacting states of the withdrawing state's intent to
 
10 withdraw within sixty days of its receipt thereof.
 
11      (d)  The withdrawing state is responsible for all
 
12 assessments, obligations and liabilities incurred through the
 
13 effective date of withdrawal, including any obligations, the
 
14 performance of which extend beyond the effective date of
 
15 withdrawal.
 
16      (e)  Reinstatement following withdrawal of any compacting
 
17 state shall occur upon the withdrawing state reenacting the
 
18 compact or upon such later date as determined by the interstate
 
19 commission.
 
20      Section B.  Default.(a)  If the interstate commission
 
21 determines that any compacting state has at any time defaulted
 
22 ("defaulting state") in the performance of any of its obligations
 
23 or responsibilities under this compact, the by-laws or any duly
 

 
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 1 promulgated rules, the interstate commission may impose any or
 
 2 all of the following penalties:
 
 3      (1)  Fines, fees and costs in amounts as are deemed
 
 4           reasonable by the interstate commission;
 
 5      (2)  Remedial training and technical assistance as directed
 
 6           by the interstate commission; and
 
 7      (3)  Suspension and termination of membership in the
 
 8           compact.
 
 9      (b)  Suspension shall be imposed only after all other
 
10 reasonable means of securing compliance under the by-laws and
 
11 rules have been exhausted.  Immediate notice of suspension shall
 
12 be given by the interstate commission to the governor, the chief
 
13 justice of the state; the majority and minority leaders of the
 
14 defaulting state's legislature, and the state council.
 
15      (c)  The grounds for default include, but are not limited
 
16 to, failure of a compacting state to perform such obligations or
 
17 responsibilities imposed upon it by this compact, interstate
 
18 commission by-laws, or duly promulgated rules.  The interstate
 
19 commission shall immediately notify the defaulting state in
 
20 writing of the penalty imposed by the interstate commission on
 
21 the defaulting state pending a cure of the default.  The
 
22 interstate commission shall stipulate the conditions and the time
 
23 period within which the defaulting state must cure its default.
 

 
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 1 If the defaulting state fails to cure the default within the time
 
 2 period specified by the interstate commission, in addition to any
 
 3 other penalties imposed herein, the defaulting state may be
 
 4 terminated from the compact upon an affirmative vote of a
 
 5 majority of the compacting states and all rights, privileges and
 
 6 benefits conferred by this compact shall be terminated from the
 
 7 effective date of suspension.  Within sixty days of the effective
 
 8 date of termination of a defaulting state, the interstate
 
 9 commission shall notify the governor, the chief justice and the
 
10 majority and minority leaders of the defaulting state's
 
11 legislature and the state council of such termination.
 
12      (d)  The defaulting state is responsible for all
 
13 assessments, obligations and liabilities incurred through the
 
14 effective date of termination including any obligations, the
 
15 performance of which extends beyond the effective date of
 
16 termination.  The interstate commission shall not bear any costs
 
17 relating to the defaulting state unless otherwise mutually agreed
 
18 upon between the interstate commission and the defaulting state.
 
19 Reinstatement following termination of any compacting state
 
20 requires both a reenactment of the compact by the defaulting
 
21 state and the approval of the interstate commission pursuant to
 
22 the rules.
 
23      Section C.  Judicial enforcement.  The interstate
 

 
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 1 commission, by majority vote of the members, may initiate legal
 
 2 action in the United States District Court for the District of
 
 3 Columbia or, at the discretion of the interstate commission, in
 
 4 the federal district where the interstate commission has its
 
 5 offices to enforce compliance with the provisions of the compact,
 
 6 its duly promulgated rules and by-laws, against any compacting
 
 7 state in default.  In the event judicial enforcement is necessary
 
 8 the prevailing party shall be awarded all costs of such
 
 9 litigation including reasonable attorneys fees.
 
10      Section D.  Dissolution of compact.  The compact dissolves
 
11 effective upon the date of the withdrawal or default of the
 
12 compacting state which reduces membership in the compact to one
 
13 compacting state.  Upon the dissolution of this compact, the
 
14 compact becomes void and shall be of no further effect, and the
 
15 business and affairs of the interstate commission shall be wound
 
16 up and any surplus funds shall be distributed in accordance with
 
17 the by-laws.
 
18                           ARTICLE XIII
 
19                   SEVERABILITY AND CONSTRUCTION
 
20      The provisions of this compact shall be severable, and if
 
21 any phrase, clause, sentence or provision is deemed
 
22 unenforceable, the remaining provisions of the compact shall be
 
23 enforceable.
 

 
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 1      The provisions of this compact shall be liberally
 
 2 constructed to effectuate its purposes.
 
 3                            ARTICLE XIV
 
 4             BINDING EFFECT OF COMPACT AND OTHER LAWS
 
 5      Section A.  Other laws.  Nothing herein prevents the
 
 6 enforcement of any other law of a compacting state that is not
 
 7 inconsistent with this compact.
 
 8      All compacting states' laws conflicting with this compact
 
 9 are superseded to the extent of the conflict.
 
10      Section B.  Binding-effect of the compact.(a)  All lawful
 
11 actions of the interstate commission, including all rules and by-
 
12 laws promulgated by the interstate commission, are binding upon
 
13 the compacting states.
 
14      (b)  All agreements between the interstate commission and
 
15 the compacting states are binding in accordance with their terms.
 
16      (c)  Upon the request of a party to a conflict over meaning
 
17 or interpretation of interstate commission actions, and upon a
 
18 majority vote of the compacting states, the interstate commission
 
19 may issue advisory opinions regarding such meaning or
 
20 interpretation.
 
21      (d)  In the event any provision of this compact exceeds the
 
22 constitutional limits imposed on the legislature of any
 
23 compacting state, the obligations, duties, powers, or
 

 
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 1 jurisdiction sought to be conferred by those provisions upon the
 
 2 interstate commission shall be ineffective and those obligations,
 
 3 duties, powers, or jurisdiction shall remain in the compacting
 
 4 state and shall be exercised by the agency thereof to which the
 
 5 obligations, duties, powers, or jurisdiction are delegated by law
 
 6 in effect at the time this compact becomes effective.
 
 7      � -2 State compact administrator.  The state's
 
 8 commissioner on the interstate commission for adult offender
 
 9 supervision shall be the compact administrator of the state
 
10 council for interstate adult offender supervision established
 
11 under section    -3.
 
12      � -3 State council for interstate adult offender
 
13 supervision.  There is established the state council for
 
14 interstate adult offender supervision, which shall be placed
 
15 administratively in the judiciary.  The council shall be composed
 
16 of five members to be appointed as follows:
 
17      (1)  One member of the house of representatives appointed by
 
18           the speaker of the house of representatives;
 
19      (2)  One member of the senate appointed by the senate
 
20           president;
 
21      (3)  One member of the judiciary appointed by the chief
 
22           justice of the supreme court;
 
23      (4)  The director of public safety, or the director's
 

 
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 1           designee;
 
 2      (5)  One member from the general public representing victims
 
 3           groups appointed by the governor; and
 
 4      (6)  The compact administrator, appointed by the governor,
 
 5           with the advice and consent of the senate and the chief
 
 6           justice.
 
 7 The council shall exercise oversight and advocacy concerning its
 
 8 participation in commission activities and other duties as may be
 
 9 determined by the council, including development of policy
 
10 concerning operations and procedures of the compact within the
 
11 State.  The council shall also have the authority to appoint a
 
12 member other than the compact administrator to cast a vote on
 
13 behalf of the State at meetings of the interstate commission in
 
14 which the compact administrator is absent.
 
15      �  -4 Expenditures; reports.  Expenditures by the
 
16 council, including the amounts fixed annually as the equal
 
17 contribution of each member to the compact, shall be made upon
 
18 warrants issued by the state comptroller based upon vouchers
 
19 approved by any one of the commissioners.  A report of the
 
20 activities and expenses of the commissioners and a proposed
 
21 program for the State's continuing participation in the
 
22 activities of the interstate commission for adult supervision,
 
23 including a budget request, shall be submitted by the
 

 
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 1 commissioners to each regular session of the legislature.
 
 2      � -5 Execution.  The governor shall execute the compact
 
 3 on behalf of this State, and perform any other acts which may be
 
 4 deemed requisite to its formal adoption."
 
 5      SECTION 2.  In codifying the new sections added by section 1
 
 6 of this Act, the revisor of statutes shall substitute appropriate
 
 7 section numbers for the letters used in the new sections
 
 8 designated in this Act.
 
 9      SECTION 3.  This Act shall take effect upon its approval.